Did the Calcutta High Court Just Stay the Order Declaring Hooghly DPSC Illegal?
Synopsis
Key Takeaways
Kolkata, Feb 5 (NationPress) In a significant case related to teacher transfers, the Calcutta High Court previously ruled the District Primary School Council (DPSC) in Hooghly district as illegal.
However, the division bench led by Justice Tapabrata Chakraborty has now issued an interim stay on this ruling, according to court sources reported on Thursday.
The court noted that the Primary School Council can continue its operations for now, but has instructed the council to present relevant documentation pertaining to the case.
Initially, a single bench of the Calcutta High Court determined that the council was not established according to the applicable rules and regulations.
As a result, the council was deemed illegal and lacked any legitimate authority to issue directives to the chairman or other officials of the district primary council.
Even if directives were given, they were ruled invalid.
The primary council contested this ruling before the High Court's division bench.
On Wednesday, the division bench allowed the council to continue its work temporarily.
The order was made publicly available on the court’s website on Thursday.
During the hearing, Bishwabrata Basu Mallick, representing the Hooghly district primary council, remarked, "The DPSC oversees all areas of primary education, including recruitment and transfers.
"This entire process has been halted, affecting the council's ability to function. Employees are also facing challenges due to this situation."
Legal experts suggest that the division bench's order has alleviated a potential crisis impacting primary councils statewide.
The council, which was grappling with an existential crisis, has been relieved from this predicament.
Interestingly, the Hooghly DPSC had recently issued a transfer order for a teacher named Chandana Bhui.
Claiming her transfer was illegal, she contested the order in court.
In this matter, the single bench not only annulled the teacher’s transfer but also declared the council itself illegal.